20,000 yuan for throwing banana peels and causing others to fall:

　　Beware of "uncivilized behavior" becoming "civil tort"

　　Two years ago, Ms. Wu took her children to play at the community playground, and threw the leftover banana peels to the grass beside the sidewalk. The banana peels bounced back and landed on the sidewalk.

Uncle Wang, who was in his 80s, stepped on a banana peel and fell and broke his right ankle. He spent 31,639 yuan in medical expenses and 797 yuan in assistive devices.

The family found Ms. Wu through surveillance, and because the negotiation for compensation failed, they sued the court in Longwan, Wenzhou.

In the first instance, the court ruled that Ms. Wu should bear 60% of the plaintiff's fault for the loss.

Ms. Wu refused to accept the appeal.

A few days ago, the Wenzhou Intermediate People's Court rejected the appeal and upheld the original judgment.

Ms. Wu assumed 60% of the responsibility and compensated 19,461 yuan.

(The Paper)

　　"The old man stepped on a banana peel, slipped and fractured, and the woman who threw the peel was sentenced to be liable for compensation of nearly 20,000 yuan." The facts of this case are clear and the applicable law is clear. It should be said that it is not complicated.

But even so, the case still attracted a lot of attention on the Internet.

One of the reasons is that it is "dramatic". It is a coincidence that a banana peel thrown into the grass bounces back to the sidewalk to hurt people; Sixty percent, is it more or less?

What is the legal logic behind it?

This is undoubtedly what many people are deeply curious about.

　　Littering garbage such as banana peels is an uncivilized behavior that violates moral norms.

Once such uncivilized behavior has caused damage and constitutes a civil tort, the perpetrator shall bear civil liability for compensation.

This is the right thing to do!

In this case, there is an obvious causal relationship between Ms. Wu throwing banana peels and Uncle Wang's fall.

According to the principle of negligence, Ms. Wu is of course responsible and compensated.

This basic right and wrong, cause and effect, is the framework premise for understanding this case.

As for the specific "responsibility proportional distribution", it is more of a technical issue.

　　What confuses many netizens is that she is the only perpetrator, why does Ms. Wu only take 60% of the responsibility, instead of taking full responsibility or "taking most of the responsibility"?

This is actually not difficult to understand.

First of all, Ms. Wu's original intention was to throw the banana peel on the lawn, not directly on the road. This move can also be interpreted as fulfilling the "duty of reasonable care" to a certain extent.

Rebounding to the sidewalk is an "unintended consequence" rather than a total "subjective intention", which the court has to consider in its judgment.

　　In addition, it must also be seen that, as a person with full capacity for civil conduct, Uncle Wang has the ability to judge and eliminate risks, and should be responsible for his own safety.

He failed to fully observe and pass carefully when he walked, and unfortunately stepped on a banana peel and fell and broke a bone. Sex and persuasion.

　　For the public, the biggest lesson of this incident is to remind the basic fact that "uncivilized behavior" may be transformed into "civil tort". When someone throws out banana peels or other garbage, it may be derived from The consequences are beyond control.

Only by abiding by norms and public order and good customs can we avoid accidents caused by uncertainty and small probability events to the greatest extent.

　　Ranyu